Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 6, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05.
Dependent claims 2-5 are rejected by virtue of their dependency on claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO 2017166263) in view of Alsayar et al. (U.S Pub. No. 20200297025).
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Regarding claim 1, Chen discloses a cartridge for a vaping device comprising: a tank body forming a reservoir (chamber A) for holding a liquid to be vaporized, the tank body have a thickness extending between an outer surface and an inner surface (fig. 2); and a center post (by reference sign 113, figs. 1-3) comprising a proximal vapor outlet portion and a distal atomizer portion, the proximal vapor outlet portion defining a vapor lumen having an inner diameter (by reference signs 1161-1162, fig. 2), wherein the inner diameter of the vapor lumen is larger than that of the tube (where vapor comes out) capable of reducing clogging of the lumen by the liquid to be vaporized, the distal atomizer portion for interfacing with a base, and defining a cavity for housing a heating element (127, fig. 2) and a first insulating sleeve (see fig. 3) [0013],
Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the center post and the inner surface of the tank body in figs. 1-2 of Alsayar, it would have been obvious to one of ordinary skill in the art that a distance between the proximal vapor outlet portion of the center post and the inner surface of the tank body ranging from 3.0 mm to 4.0 mm and a distance between the distal atomizer portion of the center post and the inner surface of the tank body ranging from 1.4 mm to 2.4 mm.
Chen discloses a ceramic core [0050]. Alsayar discloses the center post can be formed by a ceramic material [0115].
Regarding claim 2, Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and figs. 1-2 of Alsayar, it would have been obvious to one of ordinary skill in the art that a length of the proximal vapor outlet portion of the center post is less than 20 mm.
Regarding claim 3, the cavity of the distal atomizer portion also houses a wire of the heating element and a second insulating sleeve (fig. 3).
Regarding claim 4, Chen discloses the distal atomizer portion comprises a distal end, the distal end defining a slot for receiving a projection of the base [0014].
Regarding claim 5, Chen discloses the projection of the base is circular and substantially continuous, and the slot is correspondingly circular and substantially continuous [0014 and 0048].
Regarding claim 6, Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and figs. 1-2 of Alsayar, it would have been obvious to one of ordinary skill in the art that a length of the center post measured from a distal end of the distal atomizer portion to a proximal end of the proximal vapor outlet portion ranges from about 23 mm to about 25 mm.
Regarding claim 7, in addition to the features discussed above for claim 1, .
Regarding claim 17, Chen discloses a cartridge for a vaping device, the cartridge comprising:
a tank body forming a reservoir (chamber A) for holding a liquid to be vaporized;
a center post (from by reference signs 127 through reference sign 113, fig. 2) comprised of a distal atomizer portion (by reference sign 127, fig. 2) and a proximal vapor outlet portion (by reference sign 113, fig. 2), the distal atomizer portion for housing a heating element (127, fig. 2); wherein the center post is formed at least partially of a ceramic material [0115], and wherein a lumen of the proximal vapor outlet portion has an inner diameter larger than that of the center post capable of reduce clogging of the lumen by oil. It would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range of the inner diameter of the proximal vapor outlet portion.
Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the width (between sidewalls 20, 25, fig. 1) in figs. 1-2 of Alsayar. It would have been obvious to one of ordinary skill in the art at the time the invention was made to make the inner diameter of the proximal vapor outlet portion to be at least 2.7mm.
Regarding claim 8, Chen discloses the distal atomizer portion comprises a distal end defining a slot for receiving a projection of a threaded base (threads near reference sign 114, fig. 2).
Regarding claim 9, Alsayar discloses the distal atomizer portion comprises a distal end that is continuous with a distal end of the tank body (see figs. 1, 3-4).
Regarding claim 10, Alsayar discloses the tank body comprises an inner surface and an outer surface (figs. 1-2). Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the center post and the inner surface of the tank body in figs. 1-2 of Alsayar, it would have been obvious to one of ordinary skill in the art that a distance between the inner surface and the proximal vapor outlet portion ranging from about 3.0 mm to 4.0 mm. Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range.
Regarding claims 11-13, Alsayar discloses the tank body comprises an inner surface and an outer surface (see figs. 1-3) and the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the center post and the inner surface of the tank body in figs. 1-2 of Alsayar, it would have been obvious to one of ordinary skill in the art that a distance between an inner wall of the tank body and the proximal vapor outlet portion of the center post is at least 1.5 mm. Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range.
Regarding claim 14, Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the center post and the inner surface of the tank body in figs. 1-2 of Alsayar; it would have been obvious to one of ordinary skill in the art that a distance between an inner wall of the tank body and the distal atomizer portion of the center post is at least 1.8 mm. Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alsayar et al. (U.S Pub. No. 20200297025).
Regarding claims 15-17, Alsayar discloses a cartridge for a vaping device, the cartridge comprising: a tank body forming a reservoir for holding a liquid to be vaporized [0115]; a center post comprised of a distal atomizer portion and a proximal vapor outlet portion, the distal atomizer portion for housing a heating element (figs. 1 and 4 and [0126]); wherein the center post is formed at least partially of a ceramic material [0115]. Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the center post and the inner surface of the tank body in figs. 1-2 of Alsayar, it would have been obvious to one of ordinary skill in the art that a distance between an inner wall of the tank body and the proximal vapor outlet portion of the center post is at least 3.3 mm. Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range.
Regarding claim 18, Alsayar discloses the distal atomizer portion comprises a distal end that abuts a distal end of the tank body (see fig. 3).
Regarding claim 19, Alsayar discloses the distal end of the distal atomizer portion is flush or substantially flush with the distal end of the tank body.
Regarding claim 20, Alsayar discloses the typical thread 30 has a length of 5mm [0117]; base on the disclosed distance and the length of the thread relatively to the center post and the vapor outlet portion in figs. 1-2 of Alsayar; it would have been obvious to one of ordinary skill in the art that a length of the proximal vapor outlet portion of the center post is less than 20 mm. Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to perform routine experimentation to arrive to the claimed range.
Conclusion
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/PHU H NGUYEN/Examiner, Art Unit 1747